All Roll Calls
Yes: 223 • No: 8
North DakotaHB 16282026 September Special SessionHouseWALLET
AN ACT to create and enact a new subdivision to subsection 2 of section 12-60-24, subdivision lll of subsection 3 of section 19-03.1-05, and chapter 51-38 of the North Dakota Century Code, relating to criminal history record checks, the scheduling of kratom alkaloid derivatives as a schedule I controlled substance, and the regulation of kratom products; to amend and reenact sections 12.1-31-03 and 19-03.1-22.3, and subsection 7 of section 19-03.1-23 of the North Dakota Century Code, relating to penalties for the use and possession of kratom alkaloid derivatives and the sale of kratom to individuals under twenty-one years of age; to provide a penalty; to provide an appropriation; and to provide an effective date.
Sponsored By: Pat D. Heinert (Republican)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 3 costs, 0 mixed.
Under-21 kratom restrictions bring new penalties
People under 21 cannot buy, possess, or use kratom; selling or furnishing it to them is an infraction. Kratom must stay behind the counter, with no self-service displays. Purchase, possession, or use violations at ages 14–17 are infractions handled in juvenile court; ages 18–20 pay a $25 fee. Exceptions cover employee duties and law-enforcement-supervised compliance surveys. Surveys involving anyone under 18 require parent or guardian permission.
Kratom businesses face criminal history checks
North Dakota's Attorney General can check the criminal history of applicants for kratom processor or retailer licenses. Checks can also cover an applicant's owners or agents.
New criminal limits on kratom derivatives
North Dakota places covered kratom derivatives in Schedule I, unless specifically excepted or listed in another schedule. These include synthetic and semisynthetic derivatives. Specified 7-hydroxymitragynine materials are covered above 0.05%, including by dry weight in botanical material, or above 1 milligram per article. Intentionally swallowing, inhaling, injecting, or otherwise taking a covered derivative into the body is an infraction for a first offense. A second or later offense is a class A misdemeanor.
Sponsors & Cosponsors
Sponsor
Pat D. Heinert
Republican • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 9/4/2026
Second reading, passed as amended, yeas 46 nays 0
Yes: 46 • No: 0
House vote • 9/4/2026
Second reading, passed, yeas 91 nays 2
Yes: 91 • No: 2
House vote • 9/3/2026
Second reading, passed, yeas 86 nays 6
Yes: 86 • No: 6
Actions Timeline
Filed with Secretary Of State 09/04
9/15/2026HouseSigned by Governor 09/04
9/4/2026HouseSent to Governor
9/4/2026HouseSigned by Speaker
9/4/2026HouseSigned by President
9/4/2026SenateReturned to House (12)
9/4/2026HouseSecond reading, passed, yeas 91 nays 2
9/4/2026HouseConcurred
9/4/2026HouseSecond reading, passed as amended, yeas 46 nays 0
9/4/2026SenateAmendment adopted
9/4/2026SenateAmendment proposed on floor
9/4/2026SenateReported back amended, do pass, engrossment placed on calendar 7 1 0
9/3/2026SenateIntroduced, first reading, referred Joint Policy Committee
9/3/2026SenateReceived from House
9/3/2026SenateSecond reading, passed, yeas 86 nays 6
9/3/2026HouseAmendment adopted, placed on calendar
9/3/2026HouseReported back amended, do pass, amendment placed on calendar 8 1 1
9/2/2026HouseCommittee Hearing 10:30
9/2/2026HouseIntroduced, first reading, referred Joint Policy Committee
9/2/2026House
Bill Text
Enrollment
FIRST ENGROSSMENT
FIRST ENGROSSMENT with Senate Amendments
INTRODUCED
Prepared by the Legislative Council staff for Representative Heinert
Prepared by the Legislative Council staff for Senator Axtman